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Will The Spouse Pay The Divorce Fees In New Jersey?

In New Jersey, when a couple is divorcing there are many circumstances in which finances will play an important part. Alimony, child support, who will have to pay for which debts, who will receive the marital home and other assets—all can be a major concern as the proceeding moves forward. In some cases, one spouse is the breadwinner while the other takes care of the home and children. When this happens, the homemaker might not have the available funds to pay for the fees that are associated with getting a divorce. In cases such as this, a common question asked is whether or not the spouse will pay for the fees for the divorce. Depending on the situation, the answer is yes, it is possible for one spouse to pay for the other spouse's fees in the divorce.

When A Spouse's Legal Fees Will Be Paid

It is up to the court to decide whether or not a spouse will have to pay for the fees belonging to the other spouse during a divorce. The court will examine the situation based on need and do so on a case-by-case basis. If the other party has the ability to pay for the spouse's fees and the spouse making the request doesn't, it is possible that there will be a requirement that the spouse pay for the other spouse's legal fees. This must be done in good faith.

Depending on how complicated the case is, what the financial circumstances for each party are, how the marital assets will be distributed, and how much the requesting spouse is entitled to under the law when it comes to dividing up the assets, the court will decide whether or not to grant the request.

When requiring that the spouse pay for the other spouse's fees, the court must see that the attorney fees are reasonable. An examination will be made as to the amount of time the attorney spent on the case, how difficult the case is, if there were any extraordinary skills required to handle the case, and what the customary fees are for an attorney handling a similar type of divorce. The decision to have the spouse pay for the other spouse's fees is not a punishment, but it is based on need and is determined by the court on a case by case basis with fairness in mind.

Reasons For Ordering One Spouse To Pay The Others Fees

The idea behind one spouse paying for the other's fees is to promote fairness in the divorce. As stated earlier, it is a common circumstance in which one spouse has more financial flexibility than the other for a number of reasons. One may be working while the other stays at home, one might have a greater financial safety net through family or employment and the spouse in need simply might not have access to pay for a competent attorney to handle the divorce. It is not fair for one side to have the ability to pay for an attorney while the other doesn't. In some instances, the spouse without the money might have to go into debt to hire a lawyer, making matters worse for all. The court making the decision that the spouse pay for the other spouse's legal representation is done so to promote each side having a reasonable opportunity to present a case and achieve their desired ends in the divorce.

Contact An Experienced New Jersey Divorce Lawyer

If you or a loved one are getting a divorce in Monmouth County, Ocean County or anywhere else in New Jersey, and you cannot afford to hire an attorney and would like your spouse to pay for the fees associated with the divorce, the attorneys at the Law Firm of Villani & DeLuca in Point Pleasant Beach, New Jersey can assist you.

When a couple is divorcing, both sides have the right to qualified legal representation. If there is a financial issue with one party, it is justified by the court that the other spouse pay for the spouse's legal fees based on need and fairness. The circumstances will dictate whether or not this is possible. It is done in an effort to ensure a level playing field for all sides. Whether you're from Asbury Park, Brick or any other town in New Jersey, the attorneys at Villani & DeLuca can help you with requesting that the other spouse pay for the fees of a divorce. Call today to discuss your case.

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.